Boat traveling over water

Is Drinking While Boating (or Biking) Legal in Alabama?

July 25, 20253 min read

Alabama is full of opportunities for outdoor recreation — from cruising across Smith Lake to biking scenic roads. For many, these activities go hand-in-hand with warm weather and cold drinks. But what does the law actually say about drinking while boating or biking?

At Nelson, Bryan, and Cross, we’ve handled numerous cases involving boating and biking accidents tied to alcohol use. The reality is: drinking on the water or on two wheels can land you in legal trouble—and may carry serious civil liability if someone gets hurt.

Let’s break down what Alabama law says.


Drinking While Boating in Alabama: What You Should Know

Boating under the influence (BUI) in Alabama is taken just as seriously as driving under the influence (DUI).

According to Alabama Code § 33-5-70, it is illegal to operate any vessel, sailboat, personal watercraft (Jet Ski), or water skis while:

  • Under the influence of alcohol

  • With a blood alcohol concentration (BAC) of 0.08% or higher (same as DUI)

Penalties for a first-time BUI can include:

  • Fines of up to $2,100

  • Jail time up to 1 year

  • Mandatory boating safety courses

  • Loss of boating privileges

  • Criminal record

Just like DUI, repeat offenses carry harsher penalties.

Even if you’re not driving the boat, acting disorderly or endangering others while intoxicated on the water can also lead to criminal charges or civil claims.


What About Drinking While Biking?

Surprisingly, Alabama does not have a clear statute making it illegal to ride a bicycle under the influence of alcohol. However, that doesn’t mean it’s safe — or free from legal consequences.

Police can charge intoxicated cyclists under public intoxication or disorderly conduct laws, especially if they:

  • Pose a risk to others

  • Swerve into traffic

  • Cause an accident

  • Endanger pedestrians

Also, if an intoxicated cyclist causes injury to someone else, they could be held liable in civil court, even without a criminal conviction.


BUI vs DUI in Alabama: Key Differences

Legal IssueBUIDUIBAC Limit0.08%0.08%Vehicle TypeBoat or personal watercraftMotor vehicleJail TimeUp to 1 yearUp to 1 year (1st offense)License ImpactBoating license or privilegesDriver’s licenseCivil LiabilityYesYes

Whether it’s a boat, car, or bike, alcohol impairs your judgment and coordination. If an accident occurs, intoxication often increases both criminal exposure and civil liability—and victims may be entitled to compensation.


What If You’re Injured by a Drunk Boater or Cyclist?

If you’ve been injured in an accident caused by someone drinking while boating or biking, you have rights. Under Alabama law, you may be entitled to compensation for:

  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Property damage

  • Long-term rehabilitation or disability

Boaters and bikers who choose to drink and endanger others can and should be held accountable. Evidence such as witness statements, police reports, or blood alcohol tests can help build your case.


Safety Tips for Boating and Biking

  • Appoint a sober operator if alcohol is involved

  • Stay hydrated and avoid excessive sun exposure, which intensifies alcohol’s effects

  • Wear safety gear, especially life jackets and bike helmets

  • Don’t mix alcohol with water sports or high-traffic biking areas

  • Use caution even off-road — liability doesn't disappear because you're not on a public street


Know the Law. Protect Your Rights.

Whether you're spending the weekend at the lake or biking with friends, make responsible choices when it comes to alcohol. A few drinks could turn into serious criminal charges—or a lawsuit—if someone is injured.

If you’ve been involved in an accident involving alcohol and a boat or bicycle, Nelson, Bryan, and Cross is here to help. We’ll investigate the circumstances, protect your rights, and fight for the compensation you deserve.

Contact us today for a free consultation. Let us help you navigate your next steps safely and confidently.

Back to Blog